§23-5-16. Fees of attorney for claimant; unlawful charging or
receiving of attorney fees.

(a) An attorney's fee in excess of twenty percent of any award
granted may not be charged or received by an attorney for a
claimant or dependent. In no case may the fee received by the
attorney of the claimant or dependent be in excess of twenty
percent of the benefits to be paid during a period of two hundred
eight weeks. The interest on disability or dependent benefits as
provided in this chapter may not be considered as part of the award
in determining the attorney's fee. However, any contract entered
into in excess of twenty percent of the benefits to be paid during
a period of two hundred eight weeks, as herein provided, is
unlawful and unenforceable as contrary to the public policy of this
state and any fee charged or received by an attorney in violation
thereof is an unlawful practice and renders the attorney subject to
disciplinary action.

(b) On a final settlement an attorney may charge a fee not to
exceed twenty percent of the total value of the medical and
indemnity benefits: Provided, That this attorney's fee, when
combined with any fees previously charged or received by the
attorney for permanent partial disability or permanent total
disability benefits may not exceed twenty percent of an award of
benefits to be paid during a period of two hundred eight weeks.

(c) Except attorney's fees and costs recoverable pursuant to
subsection (c), section twenty-one, article two-c of this chapter, an attorney's fee for successful recovery of denied medical
benefits may be charged or received by an attorney, and paid by the
private carrier or self-insured employer, for a claimant or
dependent under this section. In no event may attorney's fees and
costs be awarded pursuant to both this section and subsection (c),
section twenty-one, article two-c of this chapter.

(1) If a claimant successfully prevails in a proceeding
relating to a denial of medical benefits brought before the
commission, successor to the commission, other private carrier or
self-insured employer, whichever is applicable, as a result of
utilization review, arbitration, mediation or other proceedings, or
a combination thereof, relating to denial of medical benefits
before the Office of Judges, Board of Review or court, there shall
additionally be charged against the private carriers or
self-insured employers, whichever is applicable, the reasonable
costs and reasonable hourly attorney fees of the claimant.
Following the successful resolution of the denial in favor of the
claimant, a fee petition shall be submitted by the claimant's
attorney to the Insurance Commissioner or his or her successors,
arbitrators, mediator, the Office of Judges, the Board of Review,
or court, whichever enters a final decision on the issue. An
attorney representing a claimant must submit a claim for attorney
fees and costs within thirty days following a decision in which the
claimant prevails and the order becomes final.

(2) The Insurance Commissioner or his or her successors, arbitrators, mediator, the Office of Judges, the Board of Review,
or court shall enter an order within thirty days awarding
reasonable attorney fees not to exceed $125 per hour and reasonable
costs of the claimant to be paid by the private carriers or
self-insured employers, whichever is applicable, which shall be
paid as directed. In no event may an award of the claimant's
attorney's fees under this subsection exceed $500 per litigated
medical issue, not to exceed $2,500 in a claim.

(3) In determining the reasonableness of the attorney fees to
be awarded, the Insurance Commission, arbitrator, mediator, Office
of Judges, Board of Review, or court shall consider the experience
of the attorney, the complexity of the issue, the hours expended,
and the contingent nature of the fee.